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245 F.

2d 812

George VLISIDIS, Appellant,


v.
J. W. HOLLAND, District Director, Immigration and
Naturalization Service.
Nicholaos MAVRELOS, Appellant,
v.
J. W. HOLLAND, District Director, Immigration and
Naturalization Service.
No. 12246.
No. 12247.

United States Court of Appeals Third Circuit.


Argued June 13, 1957.
Decided July 3, 1957.
Rehearing Denied July 29, 1957.

J. J. Kilimnik, Philadelphia, Pa., for appellants.


Louis O. Bechtle, Asst. U. S. Attorney, Philadelphia, Pa., for appellee.
Before MARIS, STALEY and HASTIE, Circuit Judges.
HASTIE, Circuit Judge.

Plaintiffs Vlisidis and Mavrelos are persons whom a Special Inquiry Officer of
the Immigration and Naturalization Service has found, after hearing, to be alien
crewmen, citizens of Greece, who were permitted to enter this country
temporarily in non-immigrant status and thereafter remained here illegally.
Accordingly, their deportation was ordered. The plaintiffs then challenged
these deportation orders in the district court by filing complaints against the
responsible regional officer of the Immigration and Naturalization Service
under the Declaratory Judgments Act, 28 U.S.C. 2201, 2202 and the
Administrative Procedure Act, 5 U.S.C.A. 1001 et seq., alleging that due
process of law had been denied them in the administrative proceedings. In each

case the district court granted summary judgment denying relief and the
plaintiff has appealed.
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The two cases are very much alike and we will consider them together. We find
only one argument on each appeal that is sufficiently substantial to require
discussion and analysis. That is the argument that the Special Inquiry Officer
penalized these individuals in an unconstitutional way by drawing an
unfavorable inference against each of them because, claiming privilege under
the 5th Amendment, he had refused to testify at the deportation hearing about
his origin, citizenship or stay in this country, and also had refused to identify
certain documents.

For purposes of the present analysis we will outline the occurrences in the
Mavrelos case and will refer to Vlisidis only where a significant difference
appears. At the beginning of the hearing the respondent identified himself as
Nicholaos Mavrelos and was sworn as a witness. He admitted that he was
present in response to a letter addressed to him at his residence and notifying
him to be present at this hearing to show cause why he should not be deported.
He was also shown a warrant of arrest charging one Nicholaos Mavrelos with
having entered this country at a given time and place as an alien crewman and
with remaining illegally in violation of the conditions of his temporary entry.
He then refused to identify the warrant or to comment upon it, claiming
privilege under the 5th Amendment. He also refused to answer questions about
his birth and citizenship and the circumstances of his presence in the United
States. He refused to identify various documents and statements which were
exhibited to him. Despite this refusal, and without any other testimony about
the documents, they were made part of the record.

We find it necessary to discuss only one of these documents. It was a printed


Form 1-95A of the Immigration Service, entitled "Crewman's Landing Permit".
It appeared to be an original document duly executed and signed by an
immigration officer and countersigned by "N. Mavrelos" as a Greek national
who had entered this country as a seaman at the port of New Orleans on
October 19, 1954, and had been granted permission to remain not more than
twenty-nine days. Such a Crewman's Landing Permit is an official document
prescribed and required by the Regulations of the Immigration and
Naturalization Service, 8 C.F.R. 251.31, 252.1. Thus, on its face the paper
before the Special Inquiry Officer appeared to be an official and required record
of the Immigration Service. We think that such a paper may with reason and
propriety be regarded in any administrative proceeding, and certainly in one of
that agency, as bearing on its face such indicia of authenticity as to be received
in evidence without need for identification by one of its signers. Certainly there

can be no valid objection to the use of such evidence if the document is first
shown to the respondent whose name appears thereon and opportunity afforded
him to impeach it if he so desires. No inference need be drawn from the refusal
of the respondent to identify the document in order to make it admissible. The
propriety of using it as evidence that an alien seaman named Nicholaos
Mavrelos entered the United States under the circumstances therein indicated
derives solely from its apparent regularity and official character.
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Beyond this, the identity of the respondent's name an unusual one in this
country with the name of the alien seaman whose record of entry was before
the Special Inquiry Officer justified an inference, absent any showing to the
contrary, that respondent was that seaman.

A Crewman's Landing Permit was introduced and used in the same way in the
case of Vlisidis. In addition, a purported Greek passport was exhibited to him
and an English translation of its relevant part was read into the record. It had
been issued to "George Vlisidis", a Greek citizen, and appeared regular on its
face. It also contained a picture which the Special Inquiry Officer compared
with the appearance of the respondent. He then stated for the record that the
photograph was the likeness of the man before him. The same procedure was
followed in the case of a Greek "diploma" bearing a photographic likeness of
the man who was in court and stating, as translated, that he was a qualified
seaman.

In each case we are satisfied that there was a proper and adequate evidentiary
basis for a finding that the person before the inquiry officer was an alien who
had remained in this country beyond the authorization of his temporary entry.
Actually, it was necessary to show only the single fact that the respondent was
an alien, for, once that is proved, the legislative scheme requires the alien to
justify his presence in the United States. 66 Stat. 234, 8 U.S.C.A. 1361.
Neither of the parties here attempted any such showing of lawful presence.

In these circumstances, we think the appellants have not been prejudiced in any
way because of their invocation of the 5th Amendment. The essential fact of
alienage was established quite apart from that action. We, therefore, find it
unnecessary to comment upon those cases relied upon by the government as
establishing the propriety of drawing an unfavorable inference from a
respondent's invocation of the 5th Amendment in a deportation proceeding.
United States ex rel. Vajtauer v. Commissioner of Immigration, 1927, 273 U.S.
103, 111, 47 S.Ct. 302, 71 L.Ed. 560; United States ex rel. Zapp v. District
Director of Immigration and Naturalization, 2 Cir. 1941, 120 F.2d 762; Hyun v.
Landon, 9 Cir. 1955, 219 F.2d 404, affirmed by an equally divided court, 1956,

350 U.S. 990, 76 S.Ct. 541, 100 L.Ed. 856.


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The judgment will be affirmed.